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Bill Attorney
Bill Attorney, Lawyer
Category: Estate Law
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I am in Texas. My husband passed away without a will. I am

Customer Question

I am in Texas. My husband passed away without a will. I am selling his mineral rights. We have a minor child together and he has a grown daughter. My understanding is I would get 1/3 and his children would get the remaining 2/3.
I have someone that is going to buy mine and my sons mineral rights but at the last minute he asked if I had a legal guardianship order from the court. I said no he is my son/our son together (I thought he may have misunderstood and thought he was my stepson). He said his father was a attorney (he is fairly young and believe he just started buying mineral rights) and was told ..“In Texas, the mother can only sell real estate, which includes mineral acreage, if there has been a formal guardianship opened for the child. The mother then must go through the steps with the court to get authorization to sell or mortgage or do whatever it is she needs to do for the child.
The guardianship is a court proceeding. Just being the parent does not get you there. There must be a formal guardianship open with the appropriate court.”This seems odd to me. Is this true??
Submitted: 1 month ago.
Category: Estate Law
Expert:  Bill Attorney replied 1 month ago.

Dear Customer,

Thank You for posting your question to just answer today. This is attorney Bill offering legal information specific to your concerns.

Because the contract concerns the mineral rights of your son who is a minor the law on capacity to contract comes into question. A child under 18 is deemed incapable of entering into contractual relations or can void contracts entered into for lack of capacity.

If you haven't been appointed guardian you cannot sign on behalf of your son and your son's capacity to contract is lacking.

There are certain exemptions to a minor's lack of capacity such as beneficial and necessary contracts for goods and services; but because the law would allow your son to seek to void a sale of an unprofitable mineral licenses in the future many buyers won't contract with a minor.

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Attorney Bill

Expert:  Bill Attorney replied 1 month ago.

Dear Customer,

I would like to follow up with you on your question in which I replied to a few days ago and gave an answer. Do you need any more information ?

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Attorney Bill

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